VTL § 207-5, Unlawfully Disposing of UTT

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VTL § 207(5) Statute

Any person who disposes of any uniform traffic summons and complaint in any manner other than that prescribed by law shall be guilty of a misdemeanor.

Source: NYS Vehicle & Traffic Law § 207(5) (nysenate.gov)

What are the penalties?

• Fine and jail: Per the NY State Legislature, this is a misdemeanor. First offense: $0–$300 fine, 0–30 days in jail; second offense within 18 months: $0–$525; third within 18 months: $0–$1,125.
• Points: 0 points.
• Surcharge: $88 or $93 surcharge applies.

Plain-English Summary

VTL § 207(5) makes it a crime to get rid of or handle an official traffic ticket (the uniform traffic summons and complaint) in any way the law doesn't allow. The point is to keep the system honest: tickets must be processed and kept according to rules, not destroyed or mishandled. It's about whether or not someone improperly disposed of the physical form or the process - see "Real-World Instance" below for an example.

When Does This Apply to You?

This applies when a person "disposes of" a uniform traffic summons and complaint in a way not prescribed by law—e.g., destroying it, discarding it improperly, or failing to file/process it as required. Typically this involves someone who has custody of the form (e.g., law enforcement, court personnel). It does not apply when a motorist simply receives a ticket and pays or contests it through normal channels, or when the form is handled by authorized persons in the prescribed manner.

Legislative History and Why the Law Exists

VTL § 207 governs the uniform traffic summons and complaint (UTT). Subdivision (5) makes it a misdemeanor to dispose of a UTT "in any manner other than that prescribed by law." The impetus is to protect the integrity of the traffic enforcement and court system: ensuring tickets are processed, filed, and retained as required.

Real-World Instance: VTL 207(5) in Practice

In May 2019, the Nassau County District Attorney announced indictments against the Hempstead Police Chief (Paul Johnson), a Hempstead Police Sergeant (Joseph Savino), a former Village Trustee (Perry Pettus), and a restaurant owner (William Mendez) for allegedly fixing tickets. Among the charges was VTL § 207(5) Uniform Traffic Summons (unclassified misdemeanor). The DA alleged that tickets were disposed of or handled in a manner not prescribed by law—e.g., making them disappear or otherwise fixing them at the request of the trustee and the restaurant owner. This is a documented example of VTL 207(5) being charged in a ticket-fixing / corruption case alongside tampering with public records and other offenses. Nassau County DA, Hempstead Police Chief, Sergeant, Former Trustee and Restaurant Owner Indicted (May 1, 2019).

Prosecutions specifically under VTL § 207(5) are rare in reported case law; many matters are resolved in lower courts or charged under broader crimes (e.g., official misconduct, falsifying records). When 207(5) is charged, it is mostly in official-misconduct or corruption contexts. Defense often focuses on procedure and chain of custody—whether disposition was in fact prescribed by law—rather than on the underlying driving behavior. For civilians, a 207(5) charge would be unusual and is often tied to misunderstanding or paperwork; for officials, it is typically part of a larger misconduct investigation.

Benjamin Goldman Law Office

If you were charged with a VTL § 207(5) violation, the Benjamin Goldman Law Office can advise you. We can help with traffic and vehicle matters across New York. Contact us for a complimentary consultation via our contact page.

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